27-77-12 - Revocation of IFTA license; notice of intent to revoke; written request for show cause hearing; withdrawal of request for hearing; appeal of order of hearing officer; withdrawal of appeal.
§ 27-77-12. Revocation of IFTA license; notice of intent to revoke; written request for show cause hearing; withdrawal of request for hearing; appeal of order of hearing officer; withdrawal of appeal.
[Until July 1, 2010, this section will read:]
(1) If the agency determines that there is a basis for revocation of an IFTA license, the agency shall give the IFTA licensee holding the IFTA license written notice of its intent to revoke his IFTA license. The notice of intent shall be mailed or hand delivered to the IFTA licensee and shall set forth the facts and conduct that provide the basis for the intended revocation and shall advise the IFTA licensee that he has thirty (30) days from the date of the notice to file with the agency a written request for a hearing on the intended revocation. If the IFTA licensee fails to file a written request with the agency for a hearing on the intended revocation within the thirty-day period, the IFTA license shall be automatically revoked on the thirty-first day after the date of the notice without any further action by the agency. The agency retains jurisdiction to reinstate an IFTA license after revocation. Failure of the IFTA licensee to timely file a written request for a hearing on the intended revocation will bar further review of the revocation by any court.
(2) Upon receipt of a timely filed written request for a hearing on the intended revocation of the IFTA license, the IFTA licensee filing the request shall be advised of the date, time and location of a show cause hearing that will be held a minimum of thirty (30) days from the date of the notice. At the hearing, the IFTA licensee shall show cause why his IFTA license should not be revoked. The show cause hearing shall be informal and the rules of evidence shall be relaxed. The hearing shall be conducted by the board of review or by a single hearing officer designated by the commissioner. The IFTA licensee or his designated representative shall attend the hearing unless a request is made to, and granted by, the board of review or the designated hearing officer to allow the IFTA licensee to submit his position in writing or by electronic transmission in lieu of attending the hearing. Failure of the IFTA licensee or his designated representative to attend a hearing or submit his position in writing or by electronic transmission in lieu of attendance by the date specified by the board of review or designated hearing officer or by the hearing date, if no date is specified, shall constitute a withdrawal of the appeal. As soon as practical after the show cause hearing, the hearing officer or the board of review that conducted the hearing shall make a determination as to whether the IFTA license in issue should be revoked. The hearing officer or board of review shall enter an order based on this determination and a copy of this order shall be mailed to the IFTA licensee notifying him of the decision and the action taken.
(3) The order of the hearing officer or the board of review in regard to a show cause hearing shall be final unless, within thirty (30) days from the date of the order, the IFTA licensee appeals the order to the commission. The appeal shall be in writing and request a hearing and reversal or modification of the order of the hearing officer or board of review, specify in detail the relief requested, contain any other information that might be required by regulation and be filed with the commission secretary.
(4) Upon receipt of a written appeal from an order of a hearing officer or the board of review regarding a show cause hearing on an IFTA license, the commission secretary shall schedule a hearing before the commission on the appeal. A notice of the hearing shall be mailed to the IFTA licensee or his designated representative to advise the IFTA licensee of the date, time and location of the hearing. The IFTA licensee or his designated representative shall attend the hearing. Failure of the IFTA licensee or his designated representative to attend a hearing shall constitute a withdrawal of the appeal.
(5) At any hearing before the commission on an appeal of an order regarding a show cause hearing on an IFTA license, two (2) members of the commission shall constitute a quorum. At the hearing the commission shall try the issues presented according to law and the facts and pursuant to any guidelines established by regulation. The rules of evidence shall be relaxed at the hearing and the hearing shall be recorded by a court reporter. After reaching a decision on the issues presented, the commission shall enter an order setting forth its findings and decision on the appeal. A copy of the order of the commission shall be mailed to the person who filed the appeal to notify him of the findings and decision of the commission.
(6) At any time after the filing of a timely written request for a hearing on the intended revocation of an IFTA license under this section, the request may be withdrawn. A withdrawal of a request for a hearing on the intended revocation may be made voluntarily by the person requesting the hearing or may occur involuntarily as a result of a failure to appear at a scheduled hearing, or by any other act or failure that the board of review or designated hearing officer determines represents a failure on the part of that person to pursue his request for a hearing on the intended revocation. A voluntary withdrawal shall be in writing or by electronic transmission and sent from the person requesting the hearing or his designated representative to the chairman of the board of review or the hearing officer designated to hear the matter. If the withdrawal of the request for a hearing is involuntary, the board of review or the hearing officer designated to hear the matter shall note on its minutes or by order the involuntary withdrawal of the request and the basis for the withdrawal. Once a request for hearing on the intended revocation is withdrawn, whether voluntary or involuntary, the IFTA license shall be automatically revoked.
(7) At any time after the filing of an appeal with the commission under this section, the appeal may be withdrawn. A withdrawal of an appeal can be made voluntarily by the person appealing or may occur involuntarily as the result of the failure to appear at a scheduled hearing, or by any other act or failure that the commission determines to represent a failure on the part of that person to prosecute his appeal. A voluntary withdrawal shall be in writing or by electronic transmission and sent from the person appealing or his designated representative to the commission secretary. If the withdrawal of the appeal is involuntary, the commission shall note on its minutes the involuntary withdrawal of the appeal and the basis for the withdrawal. Once an appeal is withdrawn, whether voluntary or involuntary, the order from the show cause hearing from which the appeal was taken shall become final and not subject to further review by the commission or a court. The agency shall then proceed in accordance with law based on the final order.
[From and after July 1, 2010, this section will read:]
(1) If the agency determines that there is a basis for revocation of an IFTA license, the agency shall give the IFTA licensee holding the IFTA license written notice of its intent to revoke his IFTA license. The notice of intent shall be mailed or hand delivered to the IFTA licensee and shall set forth the facts and conduct that provide the basis for the intended revocation and shall advise the IFTA licensee that he has thirty (30) days from the date of the notice to file with the board of review a written request for a hearing on the intended revocation. If the IFTA licensee fails to file a written request with the board of review for a hearing on the intended revocation within the thirty-day period, the IFTA license shall be automatically revoked on the thirty-first day after the date of the notice without any further action by the agency. The agency retains jurisdiction to reinstate an IFTA license after revocation. Failure of the IFTA licensee to timely file a written request for a hearing on the intended revocation will bar further review of the revocation by any court.
(2) Upon receipt by the board of review of a timely filed written request for a hearing on the intended revocation of the IFTA license, the IFTA licensee filing the request shall be advised of the date, time and location of a show cause hearing that will be held a minimum of thirty (30) days from the date of the notice. At the hearing, the IFTA licensee shall show cause why his IFTA license should not be revoked. The show cause hearing shall be informal and the rules of evidence shall be relaxed. The hearing shall be conducted by the board of review or by a single hearing officer selected by the chairman of the board of review from a pool of qualified individuals designated by the commissioner to serve as administrative hearing officers. The IFTA licensee or his designated representative shall attend the hearing unless a request is made to, and granted by, the board of review or the designated hearing officer to allow the IFTA licensee to submit his position in writing or by electronic transmission in lieu of attending the hearing. Failure of the IFTA licensee or his designated representative to attend a hearing or submit his position in writing or by electronic transmission in lieu of attendance by the date specified by the board of review or designated hearing officer or by the hearing date, if no date is specified, shall constitute an involuntary withdrawal of the appeal. As soon as practical after the show cause hearing, the hearing officer or the board of review shall make a determination as to whether the IFTA license should be revoked. The hearing officer or board of review shall enter an order based on this determination and a copy of this order shall be mailed to the IFTA licensee notifying him of the decision and the action taken.
(3) The order of the hearing officer or the board of review in regard to a show cause hearing shall be final unless, within thirty (30) days from the date of the order, the IFTA licensee appeals the order to the Board of Tax Appeals. The appeal shall be in writing and request a hearing and reversal or modification of the order of the hearing officer or board of review, specify in detail the relief requested, contain any other information that might be required by regulation and be filed with the executive director with a copy sent to the board of review. Even after an appeal is filed with the executive director, the board of review or hearing officer who entered the order appealed retains the authority to amend and/or correct this order at any time prior to a decision by the Board of Tax Appeals on the appeal.
(4) Upon receipt of a written appeal from an order of a hearing officer or the board of review regarding a show cause hearing on an IFTA license, the executive director shall schedule a hearing before the Board of Tax Appeals on the appeal. A notice of the hearing shall be mailed to the IFTA licensee or his designated representative and the agency to advise them of the date, time and location of the hearing. The IFTA licensee or his designated representative shall attend the hearing. Failure of the IFTA licensee or his designated representative to attend a hearing shall constitute an involuntary withdrawal of the appeal.
(5) At any hearing before the Board of Tax Appeals on an appeal of an order regarding a show cause hearing on an IFTA license, two (2) members of the Board of Tax Appeals shall constitute a quorum. At the hearing the Board of Tax Appeals shall try the issues presented according to law and the facts and pursuant to any guidelines established by regulation. The rules of evidence shall be relaxed at the hearing and the hearing shall be recorded by a court reporter. After reaching a decision on the issues presented, the Board of Tax Appeals shall enter an order setting forth its findings and decision on the appeal. A copy of the order of the Board of Tax Appeals shall be mailed to the person who filed the appeal and the agency to notify them of the findings and decision of the Board of Tax Appeals.
(6) At any time after the filing of a timely written request with the board of review for a hearing on the intended revocation of an IFTA license under this section, the request may be withdrawn. A withdrawal of a request for a hearing on the intended revocation may be made voluntarily by the person requesting the hearing or may occur involuntarily as a result of a failure to appear at a scheduled hearing, or by any other act or failure that the board of review or designated hearing officer determines represents a failure on the part of that person to pursue his request for a hearing on the intended revocation. A voluntary withdrawal shall be in writing or by electronic transmission and sent from the person requesting the hearing or his designated representative to the chairman of the board of review or the hearing officer designated to hear the matter. If the withdrawal of the request for a hearing is involuntary, the board of review or the hearing officer designated to hear the matter shall note on its minutes or by order the involuntary withdrawal of the request and the basis for the withdrawal. Once a request for hearing on the intended revocation is withdrawn, whether voluntary or involuntary, the IFTA license shall be automatically revoked.
(7) At any time after the filing of an appeal with the Board of Tax Appeals under this section, the appeal may be withdrawn. A withdrawal of an appeal can be made voluntarily by the person appealing or may occur involuntarily as the result of the failure to appear at a scheduled hearing, or by any other act or failure that the Board of Tax Appeals determines to represent a failure on the part of that person to prosecute his appeal. A voluntary withdrawal shall be in writing or by electronic transmission and sent from the person appealing or his designated representative to the executive director. If the withdrawal of the appeal is involuntary, the Board of Tax Appeals shall note on its minutes the involuntary withdrawal of the appeal and the basis for the withdrawal. Once an appeal is withdrawn under this section, whether voluntary or involuntary, the order from the show cause hearing from which the appeal was taken shall become final and not subject to further review by the Board of Tax Appeals or a court. The agency shall then proceed in accordance with law based on the final order.
Sources: Laws, 2007, ch. 400, § 1; Laws, 2009, ch. 492, § 118, eff from and after July 1, 2010.